Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, June 04, 2010
Court Invalidates Arrangement With Jehovah's Witnesses On Orders For Blood Transfusions
In San Joaquin County Human Services Agency v. Marcus W., (CA App., June 2, 2010), a California appellate court essentially invalidated an arrangement that the County Human Services Agency had made over a decade ago with a Jehovah's Witnesses organization. Under the arrangement, doctors seeking court orders for blood transfusions for minor children of Jehovah's Witnesses could obtain a hearing and an order without the stigma of filing a dependency petition which implies parental abuse or neglect. According to the court, the arrangement, while well-intended, is illegal. California's Welfare and Institutions Code, Sec. 369, gives the juvenile court jurisdiction to order medical care for a minor only if the minor has been taken into temporary custody or is a dependent of the court or is named in a petition to be declared a dependent. The court concluded that the juvenile court lacked jurisdiction to enter an order requiring a 16-year old suffering from sickle cell anemia to undergo periodic blood transfusions in violation of his religious beliefs. Yesterday's Los Angeles Metropolitan News-Enterprise reports on the decision.